Dharmendra Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50988 of 2018 Arising Out of PS.Case No. -34 Year- 2018 Thana -NAUTAN District- SIWAN ====================================================== Dharmendra Chauhan, S/o Raghu Chauhan @ Raghunath Chauhan @ Raghu Noniya, Resident of Village- Chitmath, P.S.- Mairwa, DistrictSiwan. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Akshay Lal Pandit For the Opposite Party/s : Mr. Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 20-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 272, 273, 308 and 34 of the Indian Penal Code and Sections 30(a), 38(A) and 41(1) of the Bihar Prohibition and Excise Act, 2016.

759 litres of foreign liquor is said to have been recovered from the Bolero and the petitioner who is said to have been facilitating the transportation of the said liquor on his motorcycle by plying the motorcycle ahead of the said vehicle managed to escape, who were identified by the Chaukidar during the course of escaping.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the

Patna High Court Cr.Misc. No.50988 of 2018 (2) dt.20-08-2018 2/2 conscious physical possession of the petitioner. He has no concern either with the seized liquor or with the vehicle in question. He has been falsely implicated in the case by the Chaukidar due to animosity. He was not apprehended on the spot. There is violation of Section 100 Cr.P.C. Though three more criminal cases have been lodged against the petitioner, but he is on bail in the aforesaid cases. He has been languishing in custody since 04.08.2018. Two other accused persons, namely, Rajbir Singh @ Bambam Singh has been enlarged on anticipatory bail by a co-ordinate bench of this court vide order dated 30.04.2018 passed in Cr. Misc. No. 26109 of 2018 and Srikant Yadav has been enlarged on anticipatory bail by a co-ordinate bench of this court vide order dated 26.04.

2018 passed in Cr. Misc. No. 32227 of 2018. Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.D.J.-II cum Special Judge, Excise, Siwan in connection with Nautan P.S. Case No. 34 of 2018.

(Prakash Chandra Jaiswal, J) Kr. Uday/- U T